The Employment-Based Permit: Your Comprehensive Step-by-Step Guide – Reddy Neumann Brown PC

The employment-based green card process is a multi-step process that enables foreign nationals to live and work completely in the U.S. The procedure can be made complex and prolonged, however for those seeking irreversible residency in the U.S., it is an important step to achieving that objective. In this article, we will go through the actions of the employment-based permit process in detail.

Step 1: PERM/Labor Certification

The PERM/Labor Certification process is normally the initial step in the employment-based green card procedure. The process is designed to ensure that there are no certified U.S. employees readily available for the position and that the foreign worker will not negatively affect the salaries and working conditions of U.S. workers.

Submit the Prevailing Wage Application

The company begins the PERM procedure by preparing the task description for the sponsored position. Once the task details are completed, a prevailing wage application is submitted to the Department of Labor (DOL). The dominating wage rate is defined as the typical wage paid to likewise utilized workers in a specific profession in the area of intended work. The DOL issues a Prevailing Wage Determination (PWD) based on the specific position, task duties, requirements for the position, the location of desired work, travel requirements (if any), to name a few things. The prevailing wage is the rate the company need to a minimum of use the long-term position at. It is also the rate that needs to be paid to the staff member once the green card is received. Current processing times for prevailing wage applications are 6 to 7 months.

Conduct the Recruitment Process

PERM guidelines require a sponsoring employer to check the U.S. labor market through various recruitment approaches for « able, ready, qualified, and available » U.S. workers. Generally, the employer has 2 choices when deciding when to begin the recruitment procedure. The employer can begin advertising (1) while the dominating wage application is pending or (2) after the PWD is provided.

All PERM applications, whether for an expert or non-professional occupation, need the following recruitment efforts:

– 1 month task order with the State Workforce Agency serving the location of desired employment;
– Two Sunday print advertisements in a paper of general flow in the area of intended work, the majority of appropriate to the profession and more than likely to bring responses from able, ready, certified, and readily available U.S. employees; and
– Notice of Filing to be published at the job website for a duration of 10 consecutive business days.

In addition to the mandatory recruitment mentioned above, the DOL requires 3 additional recruitment efforts to be published. The company needs to select 3 of the following:

– Job Fairs
– Employer’s company site
– Job search site
– On-Campus recruiting
– Trade or professional organization
– Private employment firms
– Employee recommendation program
– Campus positioning office
– Local or ethnic newspaper; and
– Radio or TV ad

During the recruitment procedure, the company may be evaluating resumes and carrying out interviews of U.S. workers. The company must keep detailed records of their recruitment efforts, consisting of the number of U.S. workers who looked for the position, the number who were spoken with, and the reasons they were not hired.

Submit the PERM/Labor Certification Application

After the PWD is released and recruitment is complete, the company can send the PERM application if no competent U.S. employees were discovered. Currently the DOL is taking 8 to 9 months to process PERM applications after submission. The day the PERM application is submitted establishes the recipient’s concern date and figures out his/her location in line in the permit visa line.

Respond to PERM/Labor Certification Audit (if any)

A company is not needed to send supporting documentation when a PERM application is filed. Therefore, the DOL implements a quality assurance procedure in the type of audits to make sure compliance with all PERM guidelines. In case of an audit, the DOL usually requires:

– Evidence of all recruitment efforts undertaken (copies of ads put and Notice of Filing);.
– Copies of applicants’ resumes and finished employment applications; and.
– A recruitment report signed by the company explaining the recruitment actions carried out and the results achieved, the variety of hires, and, if applicable, the variety of U.S. candidates rejected, summarized by the particular lawful occupational reasons for such rejections.

If an audit is issued on a case, 3 to 4 months are contributed to the overall processing time of the PERM application.

Receive the Approved PERM/Labor Certification

If the PERM application is approved, the company will get it from the DOL. The approved PERM/Labor Certification validates that there are no certified U.S. employees available for the position which the beneficiary will not negatively affect the wages and working conditions of U.S. workers.

Step 2: I-140 Immigrant Petition

Once the PERM application has actually been approved, the next step is to file an I-140 immigrant petition with U.S. Citizenship and Immigration Services (USCIS). The petition should include the approved PERM application and proof of the beneficiary’s credentials for the sponsored position. Please note, depending on the choice classification and nation of birth, a recipient may be qualified to file the I-140 immigrant petition and the I-485 change of status application simultaneously if his/her concern date is current.

At the I-140 petition stage, the company needs to also demonstrate its ability to pay the recipient the proffered wage from the time the PERM application is filed to the time the permit is released. There are 3 methods to show capability to pay:

1. Evidence that the wage paid to the recipient amounts to or higher than the proffered wage (pay-stubs, W-2s);.
2. Evidence that the company’s net income amounts to or higher than the proffered wage (annual report, tax return, or audited financial declaration); OR.
3. Evidence that the company’s net assets amount to or greater than the proffered wage (yearly report, tax return, or audited financial declaration).

In addition, it is at this phase that the company will pick the employment-based preference classification for the sponsored position. The category depends on the minimum requirements for the position that was listed on the PERM application and employment the worker’s qualifications.

There are a number of classifications of employment-based permits, and each has its own set of requirements. (Please note, some classifications may not need an authorized PERM or I-140 petition.) The categories consist of:

– EB-1: Priority Workers.
– EB-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability.
– EB-3: Skilled Workers, employment Professionals, and Unskilled Workers (Other Workers).
– EB-4: Certain Special Immigrants.
– EB-5: Immigrant Investors

After the I-140 petition is filed, USCIS will examine it and might request additional information or documents by issuing a Request for Evidence (RFE).

Step 3: Green Card Application

Once the I-140 immigrant petition is approved, the beneficiary will examine the Visa Bulletin to identify if there is a readily available permit. The real permit application can just be submitted if the beneficiary’s concern date is present, meaning a green card is right away offered to the beneficiary.

Each month, the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa (permit) numbers and shows when a permit has actually appeared to an applicant based upon their preference classification, country of birth, and priority date. The date the PERM application is submitted establishes the beneficiary’s priority date. In the employment-based immigration system, Congress set a limitation on the variety of permits that can be provided each year. That limit is currently 140,000. This implies that in any given year, the optimum variety of green cards that can be released to employment-based applicants and their dependents is 140,000.

Once the beneficiary’s priority date is existing, he/she will either go through change of status or consular processing to receive the green card.

Adjustment of Status

Adjustment of status involves requesting the permit while in the U.S. After a change of status application is filed (Form I-485), the beneficiary is alerted to appear at an Application Support Center for biometrics collection, which usually includes having his/her photo and signature taken and being fingerprinted. This details will be used to carry out necessary security checks and for eventual creation of a permit, work permission (work permit) or advance parole file. The recipient may be alerted of the date, time, and location for an interview at a USCIS workplace to address questions under oath or affirmation relating to his/her application. Not all applications require an interview. USCIS officials will examine the beneficiary’s case to figure out if it satisfies among the exceptions. If the interview is successful and employment USCIS approves the application, the beneficiary will get the green card.

Consular Processing

Consular processing includes getting the permit at a U.S. consulate in the beneficiary’s home nation. The consular office sets up a consultation for the recipient’s interview when his/her concern date becomes current. If the consular officer grants the immigrant visa, the recipient is provided a Visa Packet. The recipient will pay a USCIS Immigrant Fee which is utilized by USCIS to process the Visa Packet and produce the green card. The recipient will present the Visa Packet to the U.S. Customs and Border Protection (CPB) officer at the port of entry. The CBP officer will check and identify whether to admit the beneficiary into the U.S. If admitted, the beneficiary will get the green card in the mail. The permit functions as proof of long-term residency in the U.S.